End of Life Choice Act 2019

  • latest version but not yet in force
  • Corrections have been made to section 35(b) on 21 July 2020 under section 25(1)(j)(iii) of the Legislation Act 2012.
20 Administration of medication

(1)

This section applies after the attending medical practitioner has received notification from the Registrar under section 19(5).

(2)

At the chosen time for the administration of the medication, the attending medical practitioner, or an attending nurse practitioner, must ask the eligible person if they choose—

(a)

to receive the medication at that time; or

(b)

not to receive the medication at that time, but to receive the medication at a time on a later date that is not more than 6 months after the date initially chosen for the administration of the medication; or

(c)

not to receive the medication at that time, and to rescind their request to exercise the option of assisted dying.

(3)

If the eligible person chooses not to receive the medication at the chosen time, the attending medical practitioner, or an attending nurse practitioner, must—

(a)

immediately take the medication away from the eligible person; and

(b)

complete an approved form recording the action taken to comply with paragraph (a); and

(c)

send the completed form to the Registrar.

(4)

If the eligible person chooses to receive the medication, the attending medical practitioner, or the attending nurse practitioner, must—

(a)

provide the medication to the person, for administration by either of the methods described in section 19(2)(a)(i) and (ii); or

(b)

administer the medication by either of the methods described in section 19(2)(a)(iii) and (iv).

(5)

The attending medical practitioner, or the attending nurse practitioner, must—

(a)

be available to the eligible person until the person dies; or

(b)

arrange for another medical practitioner or attending nurse practitioner to be available to the person until the eligible person dies.

(6)

For the purposes of subsection (5), the attending medical practitioner or attending nurse practitioner is available to the eligible person if the medical practitioner or attending nurse practitioner—

(a)

is in the same room or area as the person; or

(b)

is not in the same room or area as the person but is in close proximity to the person.